Yet Another FPN for "Unneccessary Obstruction"

[RickG8]

Hi,

 

I've read a lot of posts on the whole obstruction thing, and I think I have a case. I was recently parked on the "Keep Clear" box in this photograph, which is down the street next to my house. I have been parking there for around five years: the "Keep Clear" used to be in front of a door, which was the whole point of it, but five years ago the Co-op repaced the door with a window and started using the door at the front. The pavement also terminates at the second window, so it can't be used for access to anything but the non-existent door.

 

If I request a court date (my only option with a FPN) and include a letter with a photo and details, what are the chances of them dropping it?

 

If it does go to court, do I have to appear or can I just send a letter?

 

And if I lose, am I likely to pay a lot more than the £30 FPN? I realise it can be up to £1000, but what is likely?

 

Thanks for any advice you can give!

Rick

[Rob S]

Was the FPN issued by the police or was it a PCN issued by the local authority?

[RickG8]

Police or Traffic Warden (FPN - that's why I said it says only option is pay or court). The ticket actually has a box for "Sector/Section" which says should be 1=Traffic Warden, 2=Police - the value in the box is "S11".

[electron99]

I think you will lose this one for two reasons. The keep clear sign is not just to prevent obstruction to an entrance.It could be the funeral parlour requested this for their own parking,after all it would be undignified if they had to park half way down the street and carry the coffins in full view of the public.In the bottom right hand corner of your photo is a blue car, which indicates the width of the street.By parking in the Keep Clear area, you are effectively restricting the width of the road for emegency vehicles, unless you park half on the pavement which is possibly an offence in its own right.Personally I would pay the £30 and find somewhere else to park in the future.

[RickG8]

No, the coffins come out of a loading bay further down the street, where they have their own "No Parking" signs that everyone also ignores. You do have to park half on the pavement but as I said, it doesn't go anywhere, just runs out. The "Keep Clear" was definitely just for the old entrance. The only difference between my parking and the guy in front, who didn't get a ticket, was the "Keep Clear".

 

You're probably right though, easier to pay the £30, but it wasn't an obstruction just like it hasn't been for the last 5 years. Seems to me this obstruction lark is just when they have no real right to ticket you, gives them an excuse to do it anyway...

[Rob S]

You could always check to see if there is any traffic order still in force relating to the keep clear markings. There is also the issue of what obstruction was being caused at the time the FPN was issued. It might be worthwhile writing to the police to ask for fuller details.

[electron99]

What worries me is the parking on the pavement.From the photo it would appear that any mother with a push chair would have to go into the road to pass the parked cars.Could this be the obstruction refered to in the penalty ticket?

[steve dunn]

Are You In A Decriminalised Parking Enforcement Area ?

If Yes Since When ?

How Long Has Has This Been Here ?

If In Dpe Area Ask The Council For A Copy Of The Traffic Regulation Order For This Part Of The Road.

Has It Been Put In The Traffic Regulation Order ?

What Signs Should It Have ?

Does It Say Obstruction As This In A Dpe Area Is The Only Thing The Police Can Issue One For ?

Is It A Police Ticket Or A Council One ?

Can You Scan The Ticket On Here ?